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Texas v. Johnson (1989) 491 U.S. 397 Morgan Fraley Pd. 7/8
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Constitutional Issue Freedom of Speech
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Parties Involved Gregory Lee Johnson burned a flag in Texas which under Texas state law was illegal. He believed his first amendment right was violated.
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When and Where? 1984 at the Republican National Convention in Dallas, Texas
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Events Leading Up/ Historical Context
Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.
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Ruling Ruled 5-4 in favor of Johnson
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Reasoning Symbolic speech – no matter how offensive to some – is protected under the First Amendment.
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Opposing Viewpoints Flag burning is a symbol of national unity and should not be burned as a sign of respect
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Personal Feelings I believe that it is extremely disrespectful to tamper with or burn an american flag. Although it technically is personal property, they should still have the utmost respect for their country.
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Dissenting Opinion Flag burning constitutes a form of “symbolic speech” that is protected by the first amendment
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Significance It attempted to resolve the question of whether the desecration of an american flag was a form of speech that was protected under the First Amendment right to free speech.
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